Legal Case Scenario

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Case Scenario As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employer of the show's producer, stood near the exit. Suddenly, without warning, Davis turned around and collided with Yvonne Espostio, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence. In your paper, answer the following questions: 1. What are the factors that indicate whether Davis owed Esposito a duty of care? 2. What do those factors indicate in these circumstances? ID: LS311-02-09-AS Invitees - An invitee is a person who is invited…show more content…
The kinds of incidents that give rise to premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on a amusement park ride. The liability of owners and occupiers of property will vary depending on the legal rules and principles in place in the state where the premises liability injury occurred. In some states, the court will focus on the status of the injured visitor in determining the liability of the owner or occupier. In other states, the focus will be on the condition of the property and the activities of both the owner and visitor. (Note: an occupier or possessor of land, such as an apartment tenant, is treated in the same manner as a landowner in many situations.) Legal Status of Visitor: Invitee, Licensee, or…show more content…
The status of a visitor as an invitee (as opposed to a trespasser or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. However, the case of Rowlands v. Christian sought to eliminate the distinction between business invitee and licensee in regards to a land occupier owing a duty to act as a "reasonable man" in rendering the property safe for others. The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn the invitee of hazardous conditions that cannot be fixed. Furthermore, property owners assume a duty to rescue an invitee who falls into peril while visiting the property. If an independent contractor hired by the landowner injures an invitee (intentionally or through negligence), the owner can be held vicariously liable. This represents the broadest duty of care owed to any class of visitors to the

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